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GONZALES v. STATE

No. 78152.

492 P.3d 556 (2021)

136 Nev. Adv. Opn. 40

Melvin Leroy GONZALES, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

Filed July 29, 2021.

Attorney(s) appearing for the Case

Karla K. Butko , Verdi, for Appellant.

Michael Macdonald , District Attorney, and Anthony R. Gordon , Deputy District Attorney, Humboldt County, for Respondent.

Aaron D. Ford , Attorney General, and Charles L. Finlayson , Senior Deputy Attorney General, Carson City, for Amicus Curiae Nevada Attorney General's Office.

Rene L. Valladares , Federal Public Defender, and Ellesse D. Henderson and Jonathan M. Kirshbaum , Assistant Federal Public Defenders, Las Vegas; Brown Mishler, PLLC, and William H. Brown , Las Vegas, for Amicus Curiae Nevada Attorneys for Criminal Justice.

BEFORE THE SUPREME COURT, EN BANC.

OPINION

NRS 34.810(1)(a) requires a district court to dismiss a postconviction habeas corpus petition if "[t]he petitioner's conviction was upon a plea of guilty or guilty but mentally ill and the petition is not based upon an allegation that the plea was involuntarily or unknowingly entered or that the...

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